Legal Question in Family Law in Oregon

Yes, maybe. Husband is the PRESUMED legal father of the child simply based on th fact that the birth occurred during the marriage, even though he is not the biological father. But under Oregon law, a man who claims to be the biological father of a child born to a married woman by a man other than her husband has legal standing to commence a court proceeding to establish legal paternity. When that occurs, if the woman is still married and living with her husband, both wife and husband must consent to the lawsuit. And in any event, both wife and husband would havd to be designated as parties to the lawsuit.

Ultimately, however, there would be no DNA testing until and unless a lawsuit is commenced, you deny the claiman't paternity allegation, a DNA test is then requested, and you decline to voluntarily cooperate. Then --- and only then --- would a court issue an order for involuntary testing.

Need more info? Call or email and we can schedule an office confernce. (Special inititial conference fee, $125.00).

LAWRENCE D. GORIN

http://ldgorin.justia.net/index.com

Law Office of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]